QUESTION
What can I do if I was unable to register breath in breathalyzer and got a refusal to submit?
Asked on Jan 03rd, 2013 on DUI/DWI - Washington
More details to this question:
A DUI stating refusal to submit despite attempting to do test was unable to blow hard enough.
9 ANSWERS
Michael J. Breczinski
I would argue at court that the machine is faulty since you were trying as hard as you could. But the question is whether they can prove the case without the test results.
Answered on Jan 10th, 2013 at 3:21 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I suggest that you contact an experienced immigration/criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 10th, 2013 at 3:20 PM
1 Award
I would fight the charge. It's not that you refused to take the chemical test, you were unable.
Answered on Jan 10th, 2013 at 3:19 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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The DAAD hearing officer is likely to decide that is a technical refusal. You have the authority to request a restricted license from a circuit judge if this was your first and only refusal.
Answered on Jan 10th, 2013 at 3:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage an attorney, you have compounded your issues and will have to be able to explain why you were unable to blow or suffer additional and automatic consequences.
Answered on Jan 10th, 2013 at 3:18 PM
This is a factual question. Specifically did you not make a reasonable effort to take the test, or did the machine not function properly. If the police stated that you refused to submit to a test and you believe that you did, you need to hire an attorney.
Answered on Jan 10th, 2013 at 3:18 PM
It means the consequences are more severe, but it also means you have a more defensible case, provided you have the right lawyer. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 10th, 2013 at 3:18 PM
3 Awards
Hire an attorney to argue this fact for you to try and get the judge to suppress the refusal.
Answered on Jan 10th, 2013 at 3:17 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Take a urine test and hire a qualified DUI attorney especially if you are on probation.
Answered on Jan 10th, 2013 at 3:17 PM